I have never paid overtime during the week to any employee, unless they demand it. I have always paid overtime for Saturday and Sunday. I told my drivers they can not have it both ways, if they want it during the week then on the weekends they have to work for straight time. My one driver said they are entitled to it on both ends. It is rare for us to ever hit 40 hrs a week. I run local only. DOT says the driver can work 60 hours a week and no more than 12 a day. I don't know of any company that will even pay any overtime. My son worked for a very large company here and put in betwwen 55 - 60 hours every week. We are in California.

I am not an expert on DOT regulations, but if the hours limit is all they stated, I would think you might be in violation of California overtime laws. My understanding is that the overtime regs as defined by the DOT apply to interstate transportation only.

In any case, you can call the state Division of Labor Standards Enforcement anonymously and inquire. It would be to your advantage, if you are out of compliance, to fix this on your own, rather than have an audit because an employee filed a claim for unpaid overtime.

The hours limit you cited doesn't have anything to do with overtime. It's just the maximum hours they can work (period) and has its genesis in safety considerations. (Although it is true that interstate trucking is exempted from the FLSA, and thus ordinary overtime requirements.)

Further, the DOT regulations only apply to inTERstate commerce (see US Constitution at Article 1, Section 8, Clause 3). DOT doesn't have the legal authority to regulate inTRAstate commerce.

(Comment Edited: On further examination of the relevant CA law, I've determined that it is extremely complex and quite assinine. You might consider meeting with an attorney specialized in this area in order to figure out what you are supposed to be paying, and/or contacting the department of labor.)

What is the difference between INTERstate & INTRAstate trucking??

if i work for a company that IS Not a trucking company, But a private company with it's own delivery trucks, are we exempt or non exempt????.

I deliver out of state one day a week. within 300 miles of office, The other four days are all within the state (PA).

What would that be classified as?? :confused:

Sorry, no idea. All I can say for sure is that if you never leave your state you are intrastate.

I was asking only because the laws change all the time. I have paid the overtime to this driver and then some. I also told the driver from now on they will work Saturday for straight time if they are under 40 hours and if they wont then they can go look for work someplace else. I'm sick and tired of this employee telling me what I am going to do. This is the same employee that I have that has caused damage to the truck and to other vehicles. I plan on calling the EDD and asking for advice from them. I have always done everything by the book. Thank you for your advice.

Unless the employee falls under the outside sales exemption from the minimum wage and overtime regulations of the FLSA, my best guess would be that these drivers are nonexempt.

You definitely need to contact the state (actually, I think you want to contact the Division of Labor Standards Enforcement) to make sure.

you might want to read the Davis Bacon Act on overtime for truckers